Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? The Turning Point in Private Law explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. The authors pose a suggested list of basic principles for a new, ecological legal system in which private law represents a valid ally for defending our future.
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The Evolutionary Perspective
Law and Evil presents an alternative evolutionary picture of man, focusing on the origins and nature of human evil, and demonstrating its useful application in legal-philosophical analyses. Using this representation of human nature, Wojciech Załuski analyses the development of law, which he interprets as moving from evolutionary ethics to genuine ethics, as well as arguing in favour of metaethical realism and ius naturale.
Re-Thinking Legal and Factual Barriers in the Internal Market
Edited by Sybe de Vries, Elena Ioriatti, Paolo Guarda and Elisabetta Pulice
This book analyses three important economic rights: consumer rights, rights of professionals in gaining access to the services market, and intellectual property rights in the light of the Digital Single Market. For each of these rights, contributors analyse the main pathways towards reducing and removing legal and factual obstacles to successful cross-border economic rights. In addition, the book takes into specific consideration the multifaceted issues related to the economic crisis and to the EU’s multilingualism.
Challenges at the Crossroads of the European, National and Private Spheres
Edited by Sybe de Vries, Henri de Waele and Marie-Pierre Granger
The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus.
Edited by Rex Ahdar
Offering an interdisciplinary, international and philosophical perspective, this comprehensive Research Handbook explores both perennial and recent legal issues that concern the modern state and its interaction with religious communities and individuals.
Edited by Nadirsyah Hosen
The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.
In Search of Best Practice
Edited by Mary Crock and Lenni B. Benson
Unprecedented numbers of children are crossing international borders seeking safety. Framed around compelling case studies explaining why children are on the move in Africa, the Americas, Asia, Europe, the Middle East and Oceania, this book explores the jurisprudence and processes used by nations to adjudicate children’s protection claims. The book includes contributions from leading scholars in immigration, refugee law, children’s rights and human trafficking which critically examine the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children.
Edited by Trudie Knijn and Manuela Naldini
Family law, gender equality, care arrangements and the consequences of demographic change have long been on the agenda of the European Union. However, these are coloured by national and cultural factors more than any other disputes, and form a barrier to the equalising of status for European citizens. Using an interdisciplinary approach, and bringing together law scholars, political scientists and sociologists, this book looks at the implications of the categorisation of identity in the European Union, and what they mean for the realisation of citizens’ rights throughout the EU.
Freedom in a Fishbowl
Human rights are axiomatic with liberal freedom. Yet more rights for women, sexual and religious minorities, has had disempowering and exclusionary effects. Revisiting campaigns for same-sex marriage, violence against women, and Islamic veil bans, Gender, Alterity and Human Rights lays bare how human rights emerge as a project of containment and unfreedom rather than meaningful freedom. Kapur provocatively argues that the futurity of human rights rests in turning away from liberal freedom and towards non-liberal registers of freedom.
Edited by Gareth Davies and Matej Avbelj
The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.